Ex Parte Hunter

Dissenting Opinion by

Justice MOSELEY.

This case presents us with a circumstance in which a trial judge, in an effort to protect a defendant from any influence from a possibly tainted juror, dismissed (albeit erroneously) a seated juror after a trial had been commenced. The trial court then declared a mistrial. When the case *910was again set for trial, the defendant filed a pretrial application for writ of habeas corpus, alleging that to proceed once again to trial would violate his protections against being subject to double jeopardy pursuant to the Fifth and Fourteenth Amendments to the United…